news details |
|
|
| VO faces cold blow | | Was he Danveer Karan of Kalyug? | | Jammu, Sept 2: The hot pursuit vigilance campaign against corruption has been dealt with yet another cold blow as court has asked the probing agency to release the confiscated property of a government official.
The petitioner in the case, a Range Officer in the Forest department had submitted in the court that the property confiscated by the Vigilance Organisation for allegedly being disproportionate to his known sources of income, actually belonged to his father. On perusal of the record and after hearing arguments, the Special Judge anti-corruption asked if the petitioner was a Danveer Karan of Kalyug that he allowed his raised property to be divided among brothers. "The Designated Authority has not considered all these aspects of the case while passing the impugned order (conformation); though it has also the power of the Civil Courtfor making full and fair enquiry to the matter", the court observed.
While allowing the two appeals filed by Mohinder Lal Incharge Ranger the court set aside the impugned orders of attaching property. "Three shops shall stand released in favour of appellants forthwith", ordered the court.
The appellants in these appeals submitted that 3 Marlas of land situated in Qasba Bala Nowshera was purchased in the year 1982 by the father of the Ranger for an amount of Rs 1500/- only by way of agreement to sell from Janki Dass. The agreement to sell was duly executed between the parties on January 15, 1983 before the Sub-Registrar Nowshera. At that time the father of the Ranger who was farmer and owned his landed property was not having his PRC so 3 Marlas of land was got registered in the name of his son Ranger, who was in Govt service and was having PRC. This is the only reason that sale-deed was executed in the name of Mohinder Lal. Applicant Sita Ram got his PRC in the year 1987.
Kartar Singh Special Judge Anticorruption Jammu after hearing Adv SC Bali is appearing for the appellant and Sr. Prosecuting Officer appearing for the SVO observed that according to a copy of partition deed that the appellant Sita Ram is the prima-facie owner of the attached property. The said partition deed was executed by him on July 13, 1986 and was registered before Sub-Registrar Nowshera. In the said partition deed, it has been specifically mentioned by appellant Sita Ram that after his death his 3 sons should be entitled to have one shop each. This document goes to prove that the appellant No 2 (Sita Ram) is owner of the attached property and this fact further fortified that because the 3 sons of the appellant along with appellant No 1 (Mohinder Lal) are signatories to the said deed of partition..
The record of Designated Authority reveals that SSP Vigilance while submitting the report of the attached property to the designated authority for its conformation, submitted a copy of Khasra Girdwari and the copy of the site plan of the 3 shops alleged to have been constructed by Ranger. The copy of the Khasra Girdwari reveals that appellant No 1 is owner of the 3 Marlas of land on which house and shop have been constructed but they are in possession of his father. Similarly in a site plan prepared by the Patwari 3 shops have been shown to be in possession of appellant No 2. Both these appellants have produced copy of licenses before the Designated Authority as well as before this court showing that the appellant No 2 was running tea-stall, Karayana Shop and kerosene oil depot in the attached properties. As such the applicant No 2 (Sita Ram) was most aggrieved party in this case. Because the perishable articles were lying in the seized shops and was required to be heard by the IO before attaching property and by the Designated Authority before passing of impugned order but it has not been done, so it has resulted in miscarriage of justice and on this score also, the impugned order is not sustainable in the eyes of law. Court with theses observations allowed the appeal and released the attached property.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
